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WORKPLACE SAFETY

Most of your law office employees are vaccinated. Now what?

By Lynne Curry bio Most of your office staff have received vaccines. Those who remain unvaccinated either haven’t decided whether they will or have refused to get vaccinated. What’s next? Can you relax your workplace protocols? New CDC guidance In recent weeks, the Centers for Disease Control and Prevention (CDC) provided new COVID-19 guidance for fully vaccinated individuals.1 Fully vaccinated individuals may interact indoors with other vaccinated individuals without wearing masks or physical distancing. Fully vaccinated individuals, except for those who live in a group setting or themselves experience COVID-19 symptoms, no longer need to quarantine and test if they’ve been around someone who has COVID-19.2 Fully vaccinated individuals do need to wear a well-fitted mask, physically distance and practice other prevention protocols when interacting with unvaccinated individuals from multiple… . . . read more

MANAGING STAFF

How to deal with new friction between the vaccinated and unvaccinated

By Lynne Curry bio After five employees boarded an elevator, two additional employees attempted to get on as well. One of the employees already on the elevator asked these two not to board. “We can’t remain six feet apart if you get on.” One of the employees wanting to board said, “It’s only a short distance.” After the employees arrived on their floor, the back and forth between these two employees continued. “Your mask isn’t on tight.” “I’m okay with it.” “Are you vaccinated?” “I don’t trust the vaccines.” “You put the rest of us at risk.” “If you’re vaccinated, you have nothing to worry about.” “Not if you contract a variant, infect the rest of us, and we take the problem home to our families.” In workplaces across the… . . . read more

TOOL

Model Law Office Enhanced Cleaning and Disinfection Policy

The U.S. Centers for Disease Control and other public health organizations mandate that employers take additional cleaning and hygiene measures during the pandemic. Here’s a Model Policy you can adapt for your own use based on your specific circumstances and applicable local and specialty rules.

WORKPLACE SAFETY

Mandatory COVID vaccination: new guidance & update

By Lynne Curry bio Can employers require their employees to receive COVID-vaccinations? While vaccination is one of an employer’s best tools for preventing COVID-19 outbreaks at their worksites, requiring employees to be vaccinated and disciplining them if they refuse comes with legal risks. Although the federal Equal Employment Opportunity Commission (EEOC)’s December 2020 guidelines stated that employers could implement and enforce mandatory COVID-19 vaccination policies for certain jobs and with certain exceptions1, the U.S. Food and Drug Administration (FDA) requires that recipients of vaccines under an “emergency use authorization” (which includes the current COVID vaccines) must be informed that they have the option to accept or refuse the vaccination. For more detail on this federal agency contradiction, see https://workplacecoachblog.com/2021/01/covid-vaccination-update-in-light-of-the-vaccines-emergency-use-authorization-status/ “The current problem,” says Perkins Coie Senior Counsel Michael O’Brien, “is that many employees… . . . read more

TOOL

Voluntary COVID-19 vaccination policy

It is important for you to ensure that your law office workers get vaccinated against COVID-19 to protect not only themselves but also co-workers, clients and others at your facility. But what if employees neglect or just plain refuse to be vaccinated? There are two basic options: Option 1: Require workers to be vaccinated Option 2: Encourage workers to be vaccinated voluntarily Here’s a Model Policy you can use to implement Option 2.

COMPLIANCE

Can you require staff to get the COVID-19 vaccination?

Although it’s clearly a positive development for the world at large, the almost miraculous emergence of a vaccine for COVID-19 in less than a year poses legal challenges for. The Question: Can employers require their workers to get the vaccine? Bottom Line on Top: The answer is probably but not 100 percent certainly YES. And even if a mandatory vaccine policy is justifiable, it’s also subject to strict restrictions.  Legal justification for mandatory vaccination policies Even though the COVID-19 situation is new and unprecedented, we can still discern the boundaries with regard to employers’ rights to demand that workers get vaccinated. Specifically, we know that OSHA, courts and arbitrators have historically upheld mandatory flu vaccination policies (as well as their slightly less restrictive cousin, the vaccination-or-mask policy requiring all employees… . . . read more

New year, new city? Professionals and employees reveal relocation plans amid pandemic

Relocation is a big consideration for both professionals and their employers right now. A recent study by a global staffing firm shows 44 per cent of workers surveyed said they would consider moving to a different city if their company offered long-term remote arrangements, and another three per cent have already made a move. 44 per cent of professionals would consider relocating, but only 16 per cent would be willing to take a pay cut to do so Nearly three in 10 companies are allowing workers to make a permanent move A separate poll of human resources (HR) managers suggests many companies are open to the idea of an anywhere workforce: 49 per cent of respondents reported their organization has allowed current staff to relocate temporarily, and another 27 per… . . . read more

EMPLOYMENT LAW UPDATE

EEOC issues COVID-19 vaccine guidance

By Mike O’Brien bio On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to include a section devoted to vaccinations. The EEOC’s guidance answers these and other COVID-19 vaccine questions: “Is asking or requiring an employee to show proof of receipt of a COVID-19 vaccination a disability-related inquiry?” “If an employer requires vaccinations when they are available, how should it respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a disability?” “If an employer requires vaccinations when they are available, how should it respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a sincerely held religious practice or belief?” “What happens if an employer cannot… . . . read more

EMPLOYMENT LAW UPDATE

Expect a change of course under Biden for retirement accounts and immigration

By Mike O’Brien bio Experts predict that the Biden administration will differ from Trump’s in several respects. Mr. Biden supports ending upfront tax breaks for contributing to traditional 401(k) plans and replacing them with flat-tax credits. Current tax benefits for retirement savings provide “upper-income families with a much stronger tax break for saving and a limited benefit for middle-class and other workers with lower earnings,” according to Biden’s campaign website. “The Biden plan will equalize benefits across the income scale, so that low- and middle-income workers will also get a tax break when they put money away for retirement.” The Biden administration is also expected to implement automatic 401(k) enrollment, multiemployer pension plan relief (providing federally-backed loans to underfunded multiemployer defined benefit pension plans), and adjust social security payroll taxes. Mr…. . . . read more

CYBERSECURITY

Disinformation endangers your company, not just democracy

By Doug Striker bio Did you hear about the rumor that COVID-19 was spread by mobile devices using the 5G network? It sounds so insane and far-fetched that no one would believe it, right? I mean, how in the world would a virus travel through a cell phone frequency band, into a cell phone or tablet, and then out of the device into a person’s body? But thanks to social media, fake news sites set up by bad actors, and Average Joes (like you and me) who click that “share” button all too readily, the rumor spread like wildfire, gaining so much traction that people were literally lighting cell phone towers on fire around the world. Why would someone spread such nonsense? And when I say “someone,” I not only… . . . read more


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